Regulation Misled by Misread Theory
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Regulation Misled by Misread Theory Regulation Misled by Misread Theory Perfect Competition and Competition Imposed Price Discrimination William J. Baumol AEI-Brookings Joint Center 2005 Distinguished Lecture Presented at the American Enterprise Institute September 22, 2005 AEI-Brookings Joint Center for Regulatory Studies WASHINGTON, D.C. Distributed to the Trade by National Book Network, IS200 NBN Way, Blue Ridge Summit, PA 17214. To order call toll free 1-800-462-6420 or 1-717 794-3800. For all other inquiries please contact the AEI Press, llSO Seventeenth Street, N.W, Washington, D.C 20036 or call1-800-862-S801. Library of Congress Cataloging-in-Publication Data Baumol, William j. Regulation misled by misread theory: perfect competition and competition-imposed price discrimination / William j. Baumol. p. cm. Includes bibliographical references. ISBN-l3: 978-0-8447-1390-8 ISBN-IO: 0-8447-1390-2 1. Price discrimination. 2. Competition. 3. Antitrust law. 1. Title. HFS41 7. B38 2006 338.6'048-dc22 2006003184 10 09 08 07 06 I 2 3 4 S © 2006 by AEI-Brookings joint Center for Regulatory Studies, the American Enterprise Institute for Public Policy Research, Washington, D.C., and the Brookings Institution, Washington, D.C All rights reserved. No part of this publication may be used or reproduced in any manner whatsoever without permission in writing from the AEI-Brookingsjoint Center except in the case of brief quotations embodied in news articles, critical articles, or reviews. The AEI Press Publisher for the American Enterprise Institute llSO 17th Street, N.W Washington, D.C 20036 Printed in the United States of America Foreword he 2005 AEI-Brookings Joint Center Distinguished Lecture Award was given to Professor Baumol. The purpose of this Taward is to recognize a person who has made major contri butions to the field of regulation and related areas. Senior members of the Joint Center select the distinguished lecturer on the basis of his or her scholarly and practical contributions to the field. The lec turer is given complete latitude in choosing a topic for the lecture. Professor Baumol is a true Renaissance man. In addition to making seminal contributions to several fields in economics, he is an accomplished painter and sculptor. The hallmark of Professor Baumols work is the construction of elegant theory and then exploration of its practical implications. He has made seminal contributions in a number of important areas, including innovation, economic growth, entrepreneurship, welfare economics, and productivity. He even has a disease named after him-Baumols "cost disease"-which suggests why costs and prices go up relatively rapidly in professions like the performing arts. In selecting Professor Baumol for this award, the Joint Center highlighted his contributions to the field of industrial organization. One such contribution was to help develop a new theory of "contestable" markets, which recognized that monopoly providers only need the threat of competition to induce them not to exploit their position; a second was to help develop rules that are useful in designing socially efficient regulation, such as the inverse elas ticity rule and the efficient component pricing rule; and a third was to help provide a unifying framework for the growing field of environmental economics. v vi «» REGULATION MISLED BY MISREAD THEORY In this monograph, Professor Baumol shows how regulators can be misled by oversimplified economic theory. He focuses specifically on the issue of price discrimination and shows that competitive markets need not result in a Single price, contrary to what most of us learned in Economics 101. Professor Baumol then demonstrates a stronger result: Where competitive pressures prevail, they can force all firms to adopt discriminatory prices if consumer arbitrage is difficult. This radically different picture of competitive markets helps explain the near ubiquity of discrimi natory pricing in reality and suggests limits to the use of dis criminatory pricing as a justification for regulatory intervention. Like all Joint Center publications, this monograph can be freely downloaded at www.aei-brookings.org. We encourage edu cators to use and distribute these materials to their students. ROBERT W HAHN Executive Director AEI-Brookings Joint Center for Regulatory Studies ROBERT E. LITAN Director AEI-Brookings Joint Center for Regulatory Studies Acknowledgments am grateful to Daniel Swanson, Janusz Ordover, and an anonymous reviewer for helpful comments and to New l York University's C.V Starr Center for Applied Economics for its support. The idea for this article was suggested by the illuminating paper by Michael Levine (2002), in which he shows that dis criminatory pricing can occur in highly competitive markets. This paper takes the next step and seeks to demonstrate why, under competitive conditions, the firm will normally be forced to adopt discriminatory pricing wherever that is feasible. I must also express my deep gratitude to the Ewing Marion Kauffman Foundation for its generous support of the research underlying this paper; to Robert Litan, a partner in crime, who arranged for its presentation and publication; to Robert Hahn for his valuable comments; to Richard P O'Neill of the Federal Energy Regulatory Commission, whose perspicacity led him to ask about the Ramsey optimality of my result at the presentation of this paper at an AEI-Brookings meeting; to Elizabeth Bailey, who, as many times before, saw and pointed out to me the deeper implications of my discussion; to Sue Anne Batey Blackman, who eliminated all barbarity of expression from my earlier drafts; and to Sasha Gentling, who made all the required arrangements with extreme competence and grace. vii Regulation Misled by Misread Theory William J. Baumol Casual observation suggests that price discrimination is common in many industries that appear to be extremely competitive. ... [Fjirms in the airline, car rental, moving, hotel and restaurant businesses practice common types of price discrimination, and much evidence suggests that high-valuation consumers pay higher average prices than low-valuation consumers. Yet these markets are not charac terized by unusually high entry costs, economies of scale, product differentiation, or market concentration. --Dana, 1998, p. 395 conomists have generally been careful to point out that per fect competition is an artificial concept, albeit a useful and Epowerful analytic device. But the optimality properties long associated with this market form-and finally analyzed rigorously by Arrow (1951) and Debreu (l959)--have tempted some who are not as careful as they should be to invite regulators and antitrust authorities to use perfect competition theory for guidance in their rulings, as a way to promote the public interest. For example, only this year I heard a conference presentation dealing with the eco nomic and legal principles of copyright suggest that the innovating Schumpeterian entrepreneurs are automatically to be deemed proper subjects for antitrust attention because in the period before imitators enter the market, they can charge prices that exceed the marginal-cost levels of perfect competition. Never mind that this is 1 2 fi» REGULATION MISLED BY MISREAD THEORY a prescription for undennining intertemporal efficiency Never mind that marginal-cost pricing would generally preclude recoupment of the research and development (R&D) costs of the innovations at issue, costs that will have to be incurred many times again if inno vation is to continue. And never mind that a world of perfect com petition requires constant returns to scale and finns so small that they would never attract the attention of regulators or antitrust per sonnel. Because perfect competition has been shown in certain circumstances to yield efficient results, it is proposed that the regu lated finn be constrained to act accordingly I have witnessed a multipliCity of regulatory proceedings in which this was at least implicit in the positions taken by some parties to the litigation. Lest this situation be considered a failing of the poorly educated and, consequently, an infrequent misunderstanding, this paper deals with an issue about which misunderstanding is evidently not so rare-the case of the finn that adopts discriminatory prices. The usually accompanying argument notes that to merit regulatory or antitrust attention, it is frequently required that the target finn be shown to possess monopoly power. But because discriminatory pricing is incompatible with perfect competition, a finn whose prices are discriminatory is, from this fact alone, said to be shown to possess monopoly power. The purpose of this paper is to show that this ain't necessarily so and that, on the contrary, in a wide variety of instances closer to those that can attract regulatory attention, it is the very presence of effective competition that forces discriminatory prices upon the finn. Specifically, this paper offers a result on the theory of price under competitive conditions that seems not to be widely recog nized in the literature and which appears to be directly in conflict with common preconceptions. In brief, this proposition asserts that in a broad range of market types and conditions, where consumers can be separated into distinct groups with different demand elastic ities and in which the market's commodity cannot easily be resold by one group to another, market pressures will prevent any equilib rium in which the product price is unifonn. Not only will each WILLIAM J. BAUMOL ~ 3 firm be forced to adopt discriminatory prices, but each firm is likely to be forced to adopt a unique vector of prices, each of which is dic tated by the market. Thus, this paper seeks to show why price discrimination may occur-and may occur frequently-not despite relative ease of entry (or other competitive pressures) but because of it. In fact, I will show that in highly competitive markets, firms may have no choice: Competition can force them to adopt the vector of profit maximizing discriminatory prices.